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2009 Supreme(Ker) 169

K.BALAKRISHNAN NAIR, M.L.JOSEPH FRANCIS
Indiradevi – Appellant
Versus
O. V. Prasannan – Respondent


Advocates Appeared:
For the Petitioner:P. Ravindran (Sr.), Advocate. For the Respondent: Sreelal Warrier (Adv. Commissioner).

Judgment:-

Balakrishnan Nair, J.

The petitioner in this contempt application was the petitioner in W.P. (C) No.21824/2008. The said writ petition was one filed under Article 227 of the Constitution of India, challenging Annexure-A1 order of the Sub Court, Ernakulam, disposing of I.A.No.2192/2008 in O.S.No.1002/2007 and I.A.No.2190/2008 in O.S.No.1003/2007. The judgment in the above writ petition is Annexure-A5. As per Annexure-A5, certain directions issued by the Sub Court in Annexure-A1 were modified and certain additional directions were also issued by this Court. The matter related to the release of a film. Alleging that in violation of the directions issued by this Court, the film has been released by the respondents, this contempt application has been filed. First respondent is the respondent in the Writ Petition and second respondent the Advocate Commissioner.

2. The learnedSingle Judge referred the matter under Rule 6 of the Contempt of Courts (High Court of Kerala) Rules for taking further proceedings in the matter, to the Division Bench. When the matter came up before us, we expressed a doubt whether the remedy of the petitioner is to move the Sub Court for appropriate acti


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